DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yoon et al. (US 2022/0338540A1)
Yoon discloses in reference to claim:
1. (Original) A heating structure of an aerosol generating device, comprising:
a heating tube 110 having a heating cavity (130) configured to accommodate an aerosol forming substrate 20000 [See figure 5], the heating tube being configured to heat a side of the aerosol forming substrate [via heater 140, 200 or 13000]; wherein one end of the heating tube is provided with a heating body 143 or 220, and the heating body is configured to convert electric energy into heat energy and an electromagnetic heater 141 or 210 mounted at the other end of the heating tube , wherein the electromagnetic heater 141, 210, 13000 has a first air inlet (see fig.1 showing air flow) in communication with the heating cavity and is configured to heat air entering the aerosol forming substrate by electromagnetic heating. Note that Yoon discloses heater 140 is comprised of two different heating portions 141, 143 or 210, 220 that are disclosed as being resistive heaters and/or inductive heaters and further that the heating portions are capable of heating the corresponding areas of the aerosol forming substrate to different temperatures. As sucht, Yoon discloses generically, a heating body that is configured to convert electric energy into heat energy –for instance portion 143, and also an electromagnetic heater comprising an induction coil and an electromagnetic heating core, the electromagnetic induction coil is configured to heat the electromagnetic induction heating core by electromagnetic induction.
{ The first portion 210 may have a cylindrical shape. According to an embodiment, processing may not be performed on an inner surface and an outer surface of the first portion 210, and the first portion 210 may have a smooth inner surface structure or a smooth outer surface structure. For example, when the heating element 200 is supplied with power and resistively heated or when an electromagnetic field is applied to heat the heating element 200 by induction heating, the first portion 210 may transfer heat to the accommodation space 221 through the inner surface thereof. When an aerosol generating article is inserted into the accommodation space 221 and heated, an aerosol may be generated.}
[0064] As another example, the heater 13000 may include an induction heater. In detail, the heater 13000 may include an electrically conductive coil for heating the aerosol generating article 20000 by an induction heating method, and the aerosol generating device 10000 or the aerosol generating article 20000 may include a susceptor that may be heated by the electrically conductive coil.
10. An aerosol generating device, comprising the heating structure of the aerosol generating device according to claim 1.
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2. (Original) The heating structure of the aerosol generating device according to claim 1, wherein one end of the heating tube is provided with a heating body 220, and the heating body is configured to convert electric energy into heat energy, the other end of the heating tube is provided with the electromagnetic heater 210.
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Claim(s) 1, 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by ZHENG (CN 111264911 A)
ZHENG discloses in reference to claim:
1. (Original) A heating structure of an aerosol generating device, comprising:
a heating tube 300 having a heating cavity 303 configured to accommodate an aerosol forming substrate 305, the heating tube being configured to heat a side of the aerosol forming substrate; and
an electromagnetic heater 202 mounted at an end of the heating tube, wherein the electromagnetic heater has a first air inlet 204 in communication with the heating cavity and is configured to heat air entering the aerosol forming substrate by electromagnetic heating.
10. An aerosol generating device, comprising the heating structure of the aerosol generating device according to claim 1.
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ZHENG discloses an electromagnetic air heating smoking device (i.e., an aerosol generation apparatus, having a heating structure), and discloses (description, paragraphs [0024]-[0029], and figures 1 and 2) that: an aerosol-forming substrate heating chamber 300 comprises a heating compartment 303 (i.e., a heating chamber) and a substrate heat-insulating sleeve 302 (i.e., a heating tube, the heating tube being provided with the heating chamber) sleeved outside the heating compartment 303; the heating compartment 303 is used for accommodating an aerosol-forming substrate 305, and the bottom of the heating compartment is provided with a hot air channel 306 in communication with an upper port of a hot air heat-insulating sleeve 201; an induction coil 202 is wound on the cylindrical hot air heat-insulating sleeve 201; a plurality of metal heating meshes 203 are arranged inside the hot air heat-insulating sleeve 201; air passes through an air inlet 204 and exchanges heat with the plurality of metal heating meshes 203, so that the air is heated to form high-temperature air, and the temperature of the high-temperature air is about 300°C (i.e., an electromagnetic heater, wherein the electromagnetic heater is mounted at an end portion of the heating tube, and is used for heating, by means of electromagnetic heating, air entering an aerosol- forming substrate); and when the high-temperature air passes through the heating compartment 303 from bottom to top, the high-temperature air heats the aerosol-forming substrate 305 in the aerosol-forming substrate heating chamber 300, so as to generate aerosol for a consumer to inhale (it can be directly and unambiguously determined that the electromagnetic heater has first air inlet holes in communication with the heating chamber, and the heating tube is used for heating a side surface of the aerosol-forming substrate).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 3-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al. (US 2022/0338540A1) in view of of ZHAO (CN 112806620 A)
Yoon discloses in reference to claim:
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Yoon discloses the claimed invention as described above except with reference to claims 2-9
Regarding the remaining technical features, Zhao discloses an aerosol heating apparatus (description, paragraphs [0038]-[0047], and figures 1 and 7): an isolation tube 8 (i.e., the heating tube) is comprised, and one end in the isolation tube 8 is provided with a heating body 9 (i.e., a heating body, being used for converting electric energy into heat energy). Moreover, the described features disclosed in Zhao have the same function in Zhao as those in the present application, i.e., both for obtaining a better baking effect. Zhao provides the technical motivation for further solving the technical problem.
With regard to claims 3-9: Zhao further discloses (see Zhao citation above) that: an upper fixing frame 6 (i.e., an upper mounting cylinder) and an air channel tube 41 (i.e., a lower mounting cylinder) are arranged in the isolation tube 8; the heating body 9 is of a cylindrical structure and is located between the upper fixing frame 6 and the air channel tube 41; a heating chamber is located in the heating body 9; a lower fixing frame 7 (i.e., a fixing member for fixing the heating body) is arranged between the heating body 9 and the air channel tube 41 in an engagement manner; an upper connecting cap is arranged at one end of the upper fixing frame 6; the upper connecting cap is provided with a through hole in communication with the heating chamber; and a lower connecting cap is arranged at the end of the air channel tube 41 away from the upper fixing frame 6. Zheng further discloses (see citation above) that: the induction coil 202 is located on the outer side of the hot air heat-insulating sleeve 201, the metal heating meshes 203 (..e., a heating core) are located inside the hot air heat-insulating sleeve 201, and the induction coil 202 is used for heating the metal heating meshes 203 by means of electromagnetic induction. The remaining features are common means well known to skilled artisans.
Response to Arguments
Applicant's arguments filed 02/06/2026 have been fully considered but they are not persuasive.
Applicant argues that Yoon does not recite the new limitations of claim 1. Specifically that Yoon does not disclose an electromagnetic induction heating core. It is noted and admitted by Applicant that “when the heating element 200 is supplied with power and resistively heated or when an electromagnetic field is applied to heat the heating element 200 by induction heating, the first portion 210 may transfer heat to the accommodation space 221 through the inner surface thereof.” It can be clearly understood that Yoon contemplates an induction heating means. Further note that Yoon discloses the provision of a susceptor within the item 20000 that serves as the induction heating core. Applicant argues that Yoon's heating element has no air flow design for heating air, no electromagnetic heater and no two-end layout of heating components, however as can be seen by the above discussion Yoon discloses in figure 1 the air flow design for heating air, Figure 5 and 6, , an electromagnetic heater and two-end layout of heating components .
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
tsc
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